Finjan, Inc. v. Cisco Systems Inc.

Filing 585

ORDER granting 491 507 523 Administrative Motions to File Under Seal. Signed by Judge Susan van Keulen on 4/28/2020. (svklc1S, COURT STAFF) (Filed on 4/28/2020)

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Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 1 of 9 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FINJAN, INC., Plaintiff, 8 9 ORDER ON MOTIONS TO SEAL v. Re: Dkt. Nos. 491, 507, 523 10 CISCO SYSTEMS INC., 11 United States District Court Northern District of California Case No. 17-cv-00072-BLF (SVK) Defendant. 12 The Administrative Motions to File Documents Under Seal currently before the Court 13 include motions filed by Plaintiff Finjan, Inc. (Dkt. 507) and Defendant Cisco Systems Inc. (Dkt. 14 491 and 523) (collectively, the “Motions”) seeking to seal certain materials submitted to the Court 15 in connection with Cisco’s Motion to Strike Portions of Finjan’s Amended Expert Report on 16 Infringement of Patent No. 7,647,633. 17 Courts recognize a “general right to inspect and copy public records and documents, 18 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 19 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 20 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of 21 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 22 1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to 23 court records depends on the purpose for which the records are filed with the court. A party 24 seeking to seal court records relating to motions that are “more than tangentially related to the 25 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 26 Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to 27 motions that re “not related, or only tangentially related, to the merits of the case,” the lower 28 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 2 of 9 1 moving to seal court records must also comply with the procedures established by Civil Local 2 Rule 79-5. 3 Here, the “good cause” standard applies because the information the parties seek to seal 4 was submitted to the Court in connection with a discovery-related motion, rather than a motion 5 that concerns the merits of the case. Having considered the Motions and supporting declarations, 6 as well as the Declaration of Nicole Grigg (Dkt. 520) in support thereof, and the pleadings on file, 7 and good cause appearing, the Motions are hereby GRANTED as follows: 8 Dkt. 491: Cisco’s Administrative Motion to File Under Seal 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ex. No. Document Cisco Systems, Inc.’s Notice Of Motion And Motion To Strike Portions Of Finjan’s Amended Expert Report On Infringement Of Patent No. 7,647,633 Portion(s) to Seal GRANTED as to highlighted portions at: page i, lines 16, 25; page 3, lines 1114; 16-20, 26; page 4 lines 2-3; page 5 line 10; page 7 lines 1011, 17-18; page 8 line 18/19 (to be clear, Cisco is not seeking to seal the highlighted phrase: “parameters to run the sample file or URL” which was highlighted to direct the Court to that particular phrase); page 10 lines 910, 12, 14, 17, 21-22 28 2 Reason(s) for Sealing Portions of this document contain confidential technical information and source code related to the accused Cisco products and Finjan’s expert’s analysis thereof. Public disclosure of this information would cause harm to Cisco. Redactions are narrowly tailored. See Grigg Decl. (Dkt. 491-1) at ¶ 3. Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 3 of 9 1 Ex. 1 2 3 4 5 Ex. 2 6 7 8 9 10 Ex. 3 United States District Court Northern District of California 11 12 13 14 15 16 Ex. 4 17 18 19 20 Ex. 5 21 22 23 24 25 26 27 28 Ex. 6 Appendix C1 from Finjan’s operative infringement contentions dated November 30, 2017 GRANTED as to entire document This document contains confidential technical information and source code related to the accused Cisco products. Public disclosure of this information would cause harm to Cisco. See Grigg Decl. (Dkt. 491-1) at ¶ 3. This document contains Appendix C3 from GRANTED confidential technical Finjan’s operative as to entire information and source code infringement document related to the accused Cisco contentions dated products. Public disclosure of November 30, 2017 this information would cause harm to Cisco. See Grigg Decl. (Dkt. 491-1) at ¶ 3. This document contains Excerpts from the GRANTED confidential technical “Amended Expert as to entire information and source code Report of Nenad document related to the accused Cisco Medvidovic, Ph.D. products and Finjan’s expert’s Regarding analysis thereof. Public Infringement . . . of disclosure of this information Patent No. 7,647,633” would cause harm to Cisco. See Grigg Decl. (Dkt. 491-1) at ¶ 3. Appendix C1 from GRANTED as to This document contains Finjan’s proposed entire document confidential technical information supplemental and source code related to the infringement accused Cisco products. Public contentions dated April disclosure of this information 19, 2019 would cause harm to Cisco. See Grigg Decl. (Dkt. 491-1) at ¶ 3. The highlighted potions of this Email chain including a GRANTED as to document contain confidential 3/6/20 Email from J. highlighted Hannah portions at pages 2, technical information and references to source code related 3, and 10 to the accused Cisco products. Public disclosure of this information would cause harm to Cisco. Redactions are narrowly tailored. See Grigg Decl. (Dkt. 491-1) at ¶ 3. The highlighted potions of this 2/27/20 Email from J. GRANTED as to document contain confidential Hannah highlighted portions at pages 2, technical information and references to source code related 3, 5 and 6 to the accused Cisco products. Public disclosure of this 3 Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 4 of 9 information would cause harm to Cisco. Redactions are narrowly tailored. See Grigg Decl. (Dkt. 491-1) at ¶ 3. 1 2 3 4 5 Dkt. 507: Finjan’s Administrative Motion to File Under Seal Ex. No. 6 Plaintiff Finjan, Inc.’s Opposition To Cisco Systems, Inc.’s Motion to Strike Portions of Dr. Nenad Medvidovic’s Amended Expert Report on Infringement of Patent No. 7,647,633 7 8 9 10 11 United States District Court Northern District of California Document 12 Portion(s) to Seal GRANTED as to highlighted portions at: Page 6, lines 1213; Page 10, lines 15-16, 17, 19, 20, 23, 24. 13 Reason(s) for Sealing The highlighted portions of this document reflect confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Redactions are narrowly tailored. Gregg Decl. (Dkt. 520) at ¶ 3. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hannah Declaration In Support Of Plaintiff Finjan, Inc.’s Opposition To Cisco Systems, Inc.’s Motion to Strike Portions of Dr. Nenad Medvidovic’s Amended Expert Report on Infringement of Patent No. 7,647,633 (“Hannah Decl.”) Declaration of James Hannah In Support Of Plaintiff Finjan, Inc.’s Opposition to Cisco Systems, Inc.’s Motion to Strike Portions of Dr. Nenad Medvidović Amended Expert Report on Infringement of Patent No. 7,647,633 GRANTED as to highlighted portions at: Page 2, lines 23, 25 The highlighted portions of this document reflect confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Redactions are narrowly tailored. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 1 to Hannah Decl. Finjan’s redlined edits of Dr. Nenad Medvidović’s Amended Expert Report on Infringement of Patent GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, 4 Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 5 of 9 No. 7,647,633 served December 13, 2019, compared to Dr. Medvidović’s Expert Report on Infringement of Patent No. 7,647,633 served July 11, 2019 1 2 3 4 5 6 Ex. 2 to Hannah Decl. Finjan’s redlined edits of Dr. Nenad Medvidović’s Amended Expert Report on Infringement of Patent No. 7,647,633 served March 30, 2020, compared to Dr. Medvidović’s Expert Report on Infringement of Patent No. 7,647,633 served December 13, 2019 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 3 to Hannah Decl. Appendix C3 of Finjan’s Infringement Contentions, served June 22, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 4 to Hannah Decl. Appendix C1 of Finjan’s Infringement Contentions, served November 30, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. 7 8 9 10 11 United States District Court Northern District of California including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 6 of 9 1 Ex. 5 to Hannah Decl. Appendix C2 of Finjan’s Infringement Contentions, served November 30, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 6 to Hannah Decl. Appendix C3 of Finjan’s Infringement Contentions, served November 30, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 7 to Hannah Decl. Appendix C4 of Finjan’s Infringement Contentions, served November 30, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 8 to Hannah Decl. Appendix C5 of Finjan’s Infringement Contentions, served November 30, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 7 of 9 1 Ex. 9 to Hannah Decl. Appendix C6 of Finjan’s Infringement Contentions, served November 30, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 10 to Hannah Decl. Appendix C7 of Finjan’s Infringement Contentions, served November 30, 2017 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 11 to Hannah Decl. Excerpts from the Expert Report of Nenad Medvidović, Ph.D. Regarding Infringement by Cisco Systems, Inc. of Patent No. 7,647,633, served July 11, 2019 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 12 to Hannah Decl. Excerpts from the transcript of the deposition of the Deposition Transcript of Dr. Nenad Medvidović, taken on August 30, 2019 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 8 of 9 1 Ex. 13 to Hannah Decl. Excerpts from the Second Amended Expert Report of Nenad Medvidović, Ph.D. Regarding Infringement by Cisco Systems, Inc. of Patent No. 7,647,633, served March 30, 2020 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. Ex. 15 to Hannah Decl. Excerpts from the transcript of the deposition of Matthew Watchinski, taken on February 19, 2019 GRANTED as to entire document This document reflects confidential information relating to Cisco’s products, including confidential details relating to the design and operation of Cisco products, including its source code, which, if publicly disclosed, could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 Dkt. 523: Cisco’s Administrative Motion to File Under Seal 16 17 18 19 20 21 22 23 24 25 Ex. No. Document Defendant Cisco Systems, Inc.’s Reply in Support of Motion to Strike Portions of Finjan’s Amended Expert Report on Infringement of Patent No. 7,647,633 Portion(s) to Seal GRANTED as to highlighted portions at: page 1 lines 910, 15, 17-18; page 2 line 28; page 3 lines 4, 6, 10, 12, 16, 18, 19-20, 22, 24, 26, 28; page 4 line 5 26 27 28 8 Reason(s) for Sealing Portions of this document contain confidential technical information and source code related to the accused Cisco products and Finjan’s expert’s analysis thereof. Public disclosure of this information would cause harm to Cisco. Redactions are narrowly tailored. Decl. (Dkt. 523-1) at ¶ 2. Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 9 of 9 1 2 Ex. 1 Transcript of the February 19, 2019 Deposition of Matthew Watchinski GRANTED as to entire document 3 4 5 This document contains confidential deposition testimony relating to technical information related to the structure, function and operation of the accused Cisco products. Public disclosure of this information would cause harm to Cisco. Grigg Decl. (Dkt. 523-1) at ¶ 2. 6 7 8 9 SO ORDERED. 10 Dated: April 28, 2020 United States District Court Northern District of California 11 12 13 SUSAN VAN KEULEN United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9

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